Skip to Navigation

Car Collision with Train Results in DUI for Driver

March 1, 2014 - A 53-year old Virginia woman was arrested for driving under the influence after her car got stuck on rail tracks and subsequently collided with a train in northern Minnesota. (MORE)

Henderson to Sue Minnesota over DWI Arrest

November 27, 2013 - Minnesota Vikings linebacker Erin Henderson is suing the state over his DWI arrest claiming that police didn't have probable cause to stop him. (MORE)

Minnesota DWI Laws

  • Email this page

Under Minnesota DWI law (also called DUI or OUI in other jurisdictions) it is a crime for a person to drive while under the influence of alcohol or a controlled substance. Under the implied consent law, it is also a crime for a driver to refuse to submit to a chemical test of his or her blood, breath, or urine (so long as there was probable cause). However, it is important to know that an arrest is not a conviction. There are many ways an attorney can help, including having your charges reduced or dismissed (e.g., if your constitutional rights were violated). Minnesota has one of the most complicated sets of DWI laws in the country. If you or someone you know has been arrested or charged with a Minnesota DWI, it is best to consult a knowledgeable attorney.

Minnesota tiers its criminal DWI offenses in degrees — from 4th (least severe) to 1st (most severe). For more serious offenses, Minnesota imposes mandatory hold and conditional pretrial release. Charges and penalties (e.g., fines, jail) are generally based on the existence of any aggravating factors:

  • A qualified prior impaired driving incident within the preceding 10 years;
  • An alcohol concentration of .20 or more upon arrest (but not for first-degree DWI); and
  • The presence of a child under age 16 in the vehicle, if more than 36 months younger than the offender (but not for first-degree DWI).

In Minnesota, DWI offenders also face administrative penalties which can begin immediately upon arrest and are independent from the criminal case. Notably, all Minnesota DWI suspects face Administrative License Revocation. The duration depends on a variety of factors, including the age of the offender (i.e., under or over 21). Administrative License Plate Impoundment and Vehicle Forfeiture may also be imposed upon repeat offenders or first offenders with aggravating factors. With so much at risk, it is best to have a skilled attorney fighting for you.

Minnesota DUI/DWI Laws and Penalties

State and federal laws in the United States are constantly changing. The following guide is intended solely for informational purposes and should not take the place of the advice of a lawyer. Only a qualified attorney can assess the merits of your case completely and provide an effective plan for counsel.

Blood Alcohol Content/Concentration ("BAC")

Minnesota BAC laws may differ from those of other states, as follows.

Minnesota BAC Laws
Per Se Violation BAC of .08 or higher
"Zero Tolerance" (BAC for someone under 21) .00 or higher
Commercial Driver's License Holder* .04 or higher (while operating a commercial vehicle)
Implied Consent to Submit to a BAC Test
  • Yes, by getting a Minnesota driver's license, you give consent to submit to a BAC test (breath alcohol test or blood analysis)
  • Failure to submit to a BAC test will result in a $3,000 fine and/or 1 year in jail

Administrative License Suspension

Suspension by DMV: immediately following arrest for DUI/DWI; independent of court conviction and suspensions following a court conviction.

Time to file for appeal: Any time during license suspension.

DUI/DWI Arrest
1st Offense 90-day license suspension
Subsequent Offenses (within 10 years) 1-year license suspension
Temporary License Yes for 7 days after DUI/DWI citation
Administrative Hearing Yes
Limited Privileges Possible Yes
Refusal to Submit to BAC Test
1st and Subsequent Offenses 1-year license suspension

Criminal Court Conviction - Mandatory Fines and Penalties

(Penalties imposed by the criminal court system)

First DUI/DWI Offense
License Suspension 90 days (may have limited license)
Prison Term and Community Service 90 days in jail; maybe community service
Fines, Fees, and Surcharges Approx. $1,000 or higher**
Vehicle Penalties
  • Potential impound or confiscation
  • Ignition interlock device for BAC of .16 or higher (prevents operation of vehicle if driver's BAC is too high)
Drug and Alcohol Education, Assessment and Treatment Mandatory chemical use assessment; possible treatment
Second DUI/DWI Offense
License Suspension 1 year (2 years for BAC of .16 or higher) (may have limited license)
Prison Term and Community Service 90 days in jail; maybe community service
Fines, Fees, and Surcharges Approx. $1,000 or higher**
Vehicle Penalties
  • Potential impound or confiscation
  • Ignition interlock device (prevents operation of vehicle if driver's BAC is too high)
Drug and Alcohol Education, Assessment and Treatment Mandatory chemical use assessment; possible treatment
Third DUI/DWI Offense
License Suspension 3 years (may have limited license)
Prison Term and Community Service 1 year in jail; maybe community service
Fines, Fees, and Surcharges Approx. $3,000 or higher**
Vehicle Penalties
  • Potential impound or confiscation
  • Ignition interlock device (prevents operation of vehicle if driver's BAC is too high)
Drug and Alcohol Education, Assessment and Treatment Mandatory chemical use assessment; treatment
Aggravating Factors that Can Alter DUI/DWI Penalties***
Vehicular Manslaughter
Driving with Children in the Car
Higher BAC (above the enhanced penalty)
Zero Tolerance DUI/DWI
Driving While Under the Influence of Drugs
Out-of-State DUI/DWI Convictions
Reckless Driving/Accident

*Restrictions can be placed on a commercial driver's license for any DUI/DWI (even those received while driving non-commercial vehicles).
**Includes only fines, fees, and surcharges imposed by the court upon conviction; excludes court costs, attorneys' fees, mandatory treatment costs, bail, and increased insurance.
***A variety of factors in your specific DUI/DWI situation can alter your penalties beyond what is set out in law. This chart lists some of these aggravating factors.

Sources: Insurance Institute for Highway Safety, Governors Highway Safety Association, Minnesota Office of the Revisor Statutes

top of page